Sunita Arvind Bhat v. Arvind D. Bhat

by VARSHA VIJAY RAJGURU Date:

2024.10.04 11:56:45 +0530 VARSHA VIJAY RAJGURU

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 577 OF 2019 Arvind Dinkar Bhat ... Appellant vs.

Sou. Sunita Arvind Bhat ... Respondent WITH INTERIM APPLICATION NO. 552 OF 2019 IN SECOND APPEAL NO. 577 OF 2019 Sunita Arvind Bhat ... Appellant vs.

Arvind Dinkar Bhat ... Respondent Mr. Venkatesh A. Shastry, for Appellant.

Ms. Prapti Karkera i/b. Nitin Gangal, for Respondent. CORAM : GAURI GODSE, J.

DATED : 27th SEPTEMBER 2024 ORDER:

1.

Heard learned counsel for the parties. Second Appeal is admitted on the following substantial questions of law: I) Whether the findings recorded in the impugned Judgments that the Appellant failed to prove that the Page no. 1 of 3

Respondent-wife deserted him without any sufficient reason, are perverse on the background of the failure of the Respondent-wife to establish the sufficient reasons to desert the Appellant husband?

2.

Mr. Karkera, waives notice on behalf of the sole Respondent. 3.

Call for records and proceedings.

4.

Printing is dispensed with.

5.

The learned advocate for the appellant shall file private paperbook within a period of one year from today. INTERIM APPLICATION NO.1 OF 2019 6.

This application is filed by the respondent-wife to seek necessary direction to attach the salary of the husband for recovering the amount of maintenance passed in independent proceedings. Second Appeal arises out of the dismissal of the husband's petition for divorce. Hence, the application filed in the nature of recovery proceedings pursuant to the order passed in independent proceedings initiated under Section 25 of the Hindu Adoption and Maintenance Act is not maintainable. Hence, the application is dismissed.

7.

The applicant-wife is at liberty to initiate appropriate Page no. 2 of 3

proceedings for recovering the amount of maintenance. 8.

It is clarified that the dismissal of this application will not affect the contentions of the applicant's wife to recover the arrears of maintenance if any.

(GAURI GODSE, J.) Page no. 3 of 3